What is the difference between a Hackney Carriage and a Private Hire Vehicle?
Hackney carriages and private hire vehicles are licensed by Babergh District Council in the same way but are subject to different conditions and are regulated by different legislation. Hackney carriages are usually known as 'taxis' although the term is often used by the general public for both types of vehicles. The Council can only licence vehicles with up to 8 passenger seats. Anything above this normally falls into a different regime of licensing (Public Service Vehicle - PSV) administered by VOSA in Cambridge.
A hackney carriage can use the designated ranks in Sudbury, can be flagged down in the street in the Sudbury zone, may 'ply-for-hire', and will normally have an illuminated roof sign. In Babergh these are issued with white plates for identification. Hackney carriages are quantity controlled and restricted to 'zones' - although this policy is currently under councillor review. All plates are currently allocated. The maximum fares chargeable by hackney carriage proprietors are regulated by the Council. The current fare table can be viewed by clicking on the link below:
Hackney Carriage Fare Table effective January 2008
A private hire vehicle must be pre-booked in advance, via a licensed private hire operator’s base within the district. PHV's cannot use the ranks, cannot 'ply-for-hire' or be flagged down in the street. In Babergh these are issued with yellow plates for identification. Private hire vehicles are not quantity restricted and they can set their fares at whatever level they choose.
What do I need to do to apply for a hackney carriage licence?
The law that primarily regulates hackney carriages is over 150 years old and is in increasing need of fundamental reform. Unfortunately all available plates are on issue. If you would like to add your name to the waiting list of enquirers please contact the Licensing Section on (01473 826658). The quantity control policy is currently under review following guidance from the Department for Transport, and this has been complicated by the delay by the government in passing a regulatory reform order on hackney carriage zoning. The Council is currently waiting for a response to a resolution submission to the Secretary of State for Transport. At such time as any detail is available concerning further availability of plates/changes to zoning arrangements, the Licensing Section will advise all operators and publicise any changes.
What do I need to do to set up my own private hire business ?
For an operator to use one vehicle and one driver for a private hire business, you would require three licences - one as a private hire operator, one for your vehicle and one for the driver. Only licensed drivers can drive a licensed vehicle.
You would need an operating base within the Babergh District. This base will require facilities for taking bookings from a member of the public. You may require planning permission and will have to retain a booking log available for inspection by the Council or Police. You should also retain all licences issued by the Council for drivers and vehicles you use as these may also need to be inspected. Some private hire operators have a waiting area where customers can go and wait for their booking. To check if you need planning approval for your operator base please contact Planning Control on (01473 822801).
How do I apply to drive for an existing licensed operator?
You can drive for any Babergh licensed operator. Driver licences issued by Babergh will allow you to drive both types of vehicle - hackney carriages and private hire. Upon application you will need to provide various information, including an enhanced criminal records bureau (CRB) disclosure, in order to satisfy the Authority that you are 'fit and proper' to hold such a licence. Overseas driver applicants will ordinarily need to produce additional information, including a 'Certificate of Good Conduct' from the relevant embassy, and allow further time for their application to be processed. Applicants holding EU or overseas driver licences need to obtain a UK counterpart licence (D9) from DVLA before they can be considered for a licence. Evidence of entitlement to work and immigration status may also be required.
Public safety is the paramount concern of the Licensing Authority at all times when considering licence applications.
How do I apply for a licence and what is the fee?
All licences are granted for 12 months. Fees vary and are subject to change and periodic review. From 1st April 2008 a new vehicle licence fee is £240 (renewal £210), a PHV operator licence is £125-£175 per annum and a new driver licence is £101 (£60 renewal).
Due to the high volume of applications and enquiries dealt with by the Licensing Section, renewal applications MUST be applied for a MINIMUM of 14 days before the expiry of the existing licence. You must not use a driver or vehicle until the licence application has been granted and issued. Incomplete or incorrect applications can not be considered.
Licence fees may be paid using a credit or debit card - please contact the Licensing Section for assistance if you wish to pay by either of these methods.
For further guidance and the relevant application forms please complete our on-line request form below:
Further guidance and application pack online form
Important changes to '7 day contract exemption' rules
The Road Traffic Safety Act 2006 (section 53) repealed the part of section 75 of the Local Government (Miscellaneous Provisions) Act 1976 which exempted certain categories of Private Hire drivers and vehicles from the need to be licensed - if they conducted their business by having hire contracts of not less than 7 days.
This change has been made in the interests of public safety, and now enables Local Authorities to conduct 'fit and proper' assessments on drivers, and suitability/safety checks on vehicles offering this type of service. In particular this will affect operators of school-run and social services contracts. It will also include executive hire, chauffeur services, park and ride for private car parks, airport travel, and even some private ambulance services.
These changes were implemented from 28 January 2008.
As of 01 April 2008, the Council may also consider issuing private hire licences for some smaller stretched limousine type vehicles (constructed for no more than 8 passengers). However strict qualifying criteria, test inspection and conditions will apply (please contact the Licensing Section for further information). Licence fees for such vehicle applications will be around £385 per annum. Larger (8 seater plus) stretched limousines are regulated by the Traffic Commissioners of VOSA (Vehicle and Operator Standards Agency). For further information on operating stretched limousine type vehicles please click on the Department for Transport link below:
Government guidance on operating stretched limousines
How Do Child Seating/Restraint Regulations Affect Taxi Operators?
From 18 September 2006 new national laws came into effect relating to child seats and child seating restraints. These provisions do make some allowances for licensed HC/PHV operators and proprietors. In order to clarify the position for HC/PHV licence holders, we can confirm the following:
- Children under 3 years old MUST use the child restraint appropriate for their weight in any vehicle (including vans and other goods vehicles). There is one exception, a child under 3 years old may travel unrestrained in the rear of a taxi if the correct child restraint is not available (whether from the driver or the parent/guardian).
- In vehicles where seat belts are fitted, children from their 3rd birthday up to 135 cms (approx 4ft 5ins) in height (or 12th birthday whichever they reach first) MUST use the appropriate child restraint. One of the three exceptions to this is that these children may travel in the rear and use an adult seatbelt in a taxi, where the correct child restraint is not available (whether from the driver or the parent/guardian).
Where the government have referred to 'taxi' this definition is also meant to include PHV for these purposes. Responsibility for compliance with these regulations is with the driver of the vehicle.
Access the Licensing Register
Please select the link below for the Babergh Licensing Register, where you can find public register details of all licensed operators, vehicles and drivers:
Babergh District Council Licensing Register |